
Hosted by Bergeson & Campbell, PC · EN

This week, I had the pleasure of speaking with my new colleague, Richard J. Fehir, Ph.D., Senior Chemist/Regulatory Scientist, at B&C and its consulting affiliate, The Acta Group (Acta®), to discuss his career at the U.S. Environmental Protection Agency (EPA) and how he is now deploying his considerable scientific chops at B&C and Acta. Rick is a bit unusual, as he has worked for both EPA's Office of Pollution Prevention and Toxics (OPPT) and Office of Pesticide Programs (OPP), which is a very opportune combination for our clients! ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C. All Rights Reserved

This week, I had the pleasure of speaking with Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, and Ryan N. Schmit, Of Counsel with B&C and Senior Regulatory Consultant with Acta, about the ever-tricky topic of confidential business information (CBI) -- what is it, how to protect it, and steps to take to avoid losing it. As listeners may know, the protection afforded certain information claimed CBI begins to sunset today, June 22, 2026, because of changes to the Toxic Substances Control Act (TSCA) signed into law ten years ago today with enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Certain claims need to be substantiated to continue being shielded from public disclosure. Our discussion today focuses on this change in the law, how the U.S. Environmental Protection Agency (EPA) has operationalized the substantiation process, and what TSCA stakeholders need to know to preserve their CBI claims if they wish to extend protection for another ten years. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C. All Rights Reserved

This week, I was pleased to welcome back to the studio Dana S. Lateulere, Regulatory Consultant with B&C and its consulting affiliate, The Acta Group (Acta®), and James V. Aidala, Senior Government Affairs Consultant at B&C and Vice President, Policy and Government Affairs, at Acta, to discuss the U.S. Environmental Protection Agency's (EPA) significant role in combating pathogens like those spreading the highly virulent Ebola virus and Hantavirus. Both Dana and Jim have extensive expertise in how EPA deploys its authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to protect the public's health from these and other deadly pathogens. We discuss how EPA reviews, approves, and regulates products to combat these pathogens, how EPA has modernized its process to meet the demands of the moment, and why the public health products EPA regulates under FIFRA are more essential now than ever. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C. All Rights Reserved

This week, I had the pleasure of speaking with my colleague, Carla N. Hutton, Senior Regulatory Analyst for B&C, to discuss emerging state per- and polyfluoroalkyl (PFAS) restrictions. As many listeners appreciate, dozens of states are considering, and others have enacted, state restrictions on a wide variety of products with the goal of eventually prohibiting the sale of products that contain intentionally added PFAS. Several states have implemented regulatory provisions that require, or will require, reporting the presence of PFAS intentionally added to products, label certain products as to the presence of PFAS in the product as soon as January 2027, and/or prohibit the sale or offering for sale of products containing PFAS by 2032. Monitoring, understanding, and explaining the complex diversity of these state PFAS restrictions is Hutton's superpower. Her encyclopedic knowledge of these restrictions and understanding of subtle but important distinctions among them is impressive. We discuss the most urgent and controversial programs in Minnesota and New Mexico with a view to assist listeners with understanding the key areas of controversy and how best to prepare for some fast-approaching deadlines. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C. All Rights Reserved

This week, I had the pleasure of speaking with Dr. Ahna G. Brutlag, Vice President of Veterinary Services and Senior Veterinary Toxicologist at SafetyCall International, LLC and Pet Poison Helpline®. Impressively, Dr. Brutlag is a Diplomate of the American Board of Veterinary Toxicology (ABVT) as well as a Diplomate of the human counterpart, the American Board of Toxicology (ABT), a distinction shared by fewer than 80 people in North America. Dr. Brutlag is at the forefront of adverse effects monitoring and post-market surveillance and has navigated this complex regulatory landscape for over two decades. We discuss the fascinating intersection of chemicals and pet and animal safety. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C. All Rights Reserved

This week, I had the pleasure of speaking with Molly R. Blessing, Vice President of Sustainability & Product Stewardship for the Household & Commercial Products Association (HCPA). We discuss a few of the fascinating and vexing challenges industry faces today in the complex world of product stewardship. We address the growing pains of conflicting state extended producer responsibility (EPR) laws, the challenges in California of labeling a product as recyclable, and making the case for a robust corporate product stewardship program. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C. All Rights Reserved

I was delighted this week to visit again with Alexandra Dunn, President and Chief Executive Officer of CropLife America (CLA), and my colleague Jim Aidala, to discuss some of the issues facing the crop protection industry. Alex's amazing career has prepared her well for her demanding job. After graduating from law school and a brief stint in private practice, Alex served as general counsel for the National Association of Clean Water Agencies, then went on to become the Executive Director and General Counsel of the Association of Clean Water Administrators before serving as Executive Director and General Counsel of the Environmental Council of the States. In 2018, Alex served as the U.S. Environmental Protection Agency (EPA) Region 1 (New England) Administrator and was, in 2019, appointed Assistant Administrator of EPA's Office of Chemical Safety and Pollution Prevention (OCSPP), where she served until 2021. Alex returned to private practice here in Washington, D.C. before becoming President and CEO of CropLife America in 2024. Last year, Alex was appointed by the U.S. Department of Agriculture (USDA) to serve on the Agricultural Policy Advisory Committee for Trade. As if this were not enough, Alex has served as Chair of the American Bar Association (ABA) Section of Environment Energy and Resources, as Dean of Environmental Law Programs at the Elisabeth Haub School of Law at Pace University, has served on the Board of Directors of the Environmental Law Institute (ELI), and is current President of the American College of Environmental Lawyers (ACOEL). Jim is Senior Government Consultant at B&C and, like Alex, a past Assistant Administrator of the EPA Toxics Office, known now as OSCPP. Alex, Jim, and I discuss agriculture and trade policy, how CLA has been addressing "Make America Healthy Again" (MAHA issues), crop protection and agricultural chemical communication issues, some pesticide registration challenges, preemption, and even some Endangered Species Act (ESA) issues. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C. All Rights Reserved

This week, I had the pleasure of speaking with my colleagues, Catherina D. Narigon and L. Claire Hansen, both Associates with B&C and Regulatory Consultants with The Acta Group (Acta®), B&C's consulting affiliate, about the complex world of end-of-life product management. We discuss extended producer responsibility (EPR), recyclability labeling requirements, and plastics and microplastics regulation and liability concerns. End-of-life product management is increasingly regulated by a growing number of states, often pursuing unique management approaches that can inspire significant commercial cost and disruption. We dive into these topics and explain what they are and why our listeners may wish to monitor these initiatives as they are complex, growing in number, and consequential. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C. All Rights Reserved

This week, I had the pleasure of speaking with my colleagues, Carla N. Hutton, Senior Regulatory Analyst for B&C, and Lindsay A. Holden, Ph.D., DABT, Senior Toxicologist/Regulatory Scientist for B&C and The Acta Group (Acta®), our consulting affiliate. We discuss the relentless pace of state per- and polyfluoroalkyl substances (PFAS) regulations. For those expecting a slowdown, think again. Perhaps in response to perceived inaction at the federal level, over half the states are engaged in PFAS notification and restriction regulations. This is unsurprising. Perhaps what is surprising is how different state restrictions are and how difficult it is to prepare for and understand how to comply with each. We seek to lessen the confusion by discussing the state of PFAS restrictions, focusing on key state differences, and offering a few tips on staying ahead of the PFAS curve. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C. All Rights Reserved

This week, I was pleased to welcome back to the studio Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group (Acta®) and Claire Hansen, an Associate with B&C and Regulatory Analyst with Acta, to discuss the ever-changing influence of foreign policy on the chemical industry. As we all know, there is a lot going on in the world and much of it may seem somewhat tangential to the chemical industry. On closer inspection, Claire and Jim's January 27, 2026, blog notes otherwise, and lays out the reasons why international events, trade-related matters, and multilateral institutions have a significant impact on domestic chemical regulation. During our podcast we discuss why chemical companies are paying close attention to foreign policy, trade policy, and related international issues, the pending Supreme Court case on the President's authority to impose tariffs, the unpredictability of the financial markets, and a wide range of other topics which I think you will find interesting. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C. All Rights Reserved